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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Performing an oath on behalf of the deceased after his death

Machine translationRead the Arabic original
The questioner:
A person says: A man passed away and he had an oath upon him. Do his sons perform this oath on his behalf after his death, given that...?

The Shaykh:
Return, or rather.

The questioner:
He passed away and he had an oath upon him. Yes.

The Shaykh:
Meaning, the expiation for an oath.

The questioner:
It appears to be the performance of an oath. An oath.

The Shaykh:
Yes, he is asking about the expiation. He has an expiation for an oath upon him.

The questioner:
No, this is not what he deserves.

The Shaykh:
If he died and he had an oath upon him, and if he had an expiation for it and did not perform it, then it is forgiven for him. Yes.

The questioner:
They say: We swear on his behalf. Is it permissible for us to swear on his behalf?

The Shaykh:
He had an oath. What kind?

The questioner:
There is no god but Allah.

The Shaykh:
Two cases.

The questioner:
That is the apparent ruling, yes.

The Shaykh:
That is it, the dispute is over. If he died, the party is gone, so the dispute is over, unless he was an agent. Yes.
Source شرح أخصر المختصرات في الفقه، فصل: وتقبل الشهادة على الشهادة — islamhouse.com (58:10)

The Arabic text is a machine transcription of the audio recording.

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